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    Surgery before filing

    I had surgery a month before filing and did not have a bill to turn into the lawyer. I now have the bill. Is it too late to turn in or will I need to pay this? I did tell the lawyer that I had surgery but he did not ask about the bill from surgery. I have been on short term disability. Do you think it is a red flag since I did not put the surgery down on the list of creditors? What shall I do? Thanks for your help! S&T

    #2
    Oh ya amend your filing to include the bill.
    You didn't really need a bill to schedule the creditor.Debt could be listed as a contingent/unliquidated liability.

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      #3
      Since you've already filed, and the surgery was before the filing of the BK it could have been included. You'll have to get your filing amended to show the surgery. It will cost some money but if you take it to your lawyer and explain to them they should be able to help you.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #4
        If your case is a Ch.7 and will be a no asset, you don't necessarily need to add the creditor because ALL debts are considered discharged in a Ch.7. But again, only if you are a no asset. If you are an asset case, the creditor would not be able to "share" in the asset distrubution, so you would ultimately have to pay the bill if you did not add the ceditor.

        To be safe, and to give yourself some piece of mind, you may want to amend your petition, so you've got all bases covered.
        Bankruptcy History:
        Chapter 7 filed - 10/12/2005 - Asset
        Discharged - 02/16/2006
        Case Closed - 11/08/2007

        A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

        All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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          #5
          Follow Bassboy's advice, and just speaking from my own experience, I had the same thing happen with a doctor's bill. After contacting my lawyer he advised me, not to worry about amending the forms as it will be considered sicharged anyway. Contact your lawyer to be on the safe side, if the bill is quite large it may be best to amend the forms just to be safe, however it will cost you to do that.
          "Try to save money. Someday it may be valuable again." - Anonymous

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            #6
            I had a medical bill from about 6 months before filing that we intentionally waited to add in the hopes that insurance would come through for us and pay for it. We added it after the 341.
            Filed: 10/26/2006
            Discharged: 03/05/2007
            Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

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              #7
              It is like 26 dollars to add a creditor
              Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

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                #8
                Originally posted by familyof7 View Post
                It is like 26 dollars to add a creditor
                I checked with the lawyer today and to add anything would cost one hundred and twenty six dollars! Please tell me the difference between a no asset case and an asset case. Thanks! SandT

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                  #9
                  Originally posted by BassBoy View Post
                  If your case is a Ch.7 and will be a no asset, you don't necessarily need to add the creditor because ALL debts are considered discharged in a Ch.7. But again, only if you are a no asset. If you are an asset case, the creditor would not be able to "share" in the asset distrubution, so you would ultimately have to pay the bill if you did not add the ceditor.

                  To be safe, and to give yourself some piece of mind, you may want to amend your petition, so you've got all bases covered.
                  From what I've heard, the new law is a little tighter on creditors being added. I would certainly add this and any other bills your come across in the next few weeks or months.
                  Chapter 7 Pro Se....Discharged Feb. 2006

                  Comment


                    #10
                    Originally posted by sickandtired8 View Post
                    I checked with the lawyer today and to add anything would cost one hundred and twenty six dollars! Please tell me the difference between a no asset case and an asset case. Thanks! SandT
                    The base fee is 26 dollars to file with court, the other 100 dollars must be for the lawyer's time. Probably figuring 200 dollars an hour, he's charging you for half hour time to fill out the necessary paperwork and file it with the court.

                    Still probably better to pay the 126 and have it discharged then not to.
                    May 31st, 2007: Petition Filed by my lawyer
                    July 2nd, 2007: 341 Meeting Held
                    September 4th, 2007: Discharged and Closed.

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                      #11
                      You can go to the clerk of court and file the additional creditor yourself and pay the 26.00. it doesn't matter if you already have a lawyer or not, you can still do it yourself.
                      Chapter 7 Pro Se....Discharged Feb. 2006

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